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What is the Role of Family Court?

Whenever someone has an issue or dispute related to domestic concerns, the legal forum they turn to in order to resolve these matters is the family court. Some of the issues judges in this area oversee are emotionally difficult, like divorce, domestic violence, and child custody disputes, but some cases are happy occasions, including adoption and marriage. Whether happy or sad, all of these cases produce many emotions, which is why it is best to work with a family law attorney who can bring a more objective perspective to the process. Given the large role family courts play in some of the most important events of a person’s life, it is worthwhile to explore the types of legal matters they handle, the rights of parties involved in these cases, and the assistance offered to the public to help them navigate through this part of the legal system.

Cases Family Courts Hear

Family courts handle all legal matters related to family life. The most common issues that people tend to associate with family court cases are divorce, child custody, and support matters. These courts also handle a wider range of issues, and regularly consider cases that overlap with other areas of the law, especially criminal matters if there are allegations of abuse and/or domestic violence. Some of the family law matters the courts decide include:

  • Guardianship;
  • Reproductive rights;
  • Paternity;
  • Annulments of marriage;
  • Parental rights; and
  • Legal separations.

Rights of Parties

One important concern that many parties in family court cases may have is whether they are entitled to legal counsel. While the law states all parties have a right to use an attorney to represent them throughout the legal process, there is no right to the appointment of legal counsel like criminal defendants receive when accused of a crime. This means that each party must hire and pay for his or her own attorney, but many family law attorneys, recognizing clients’ financial concerns, will allow clients to pay for the legal services over time, or offer a flat-fee arrangement for cases that are less complex, such as an uncontested divorce.

Court Assistance

Indiana courts also offer services to parties in family court cases to help make the process smoother and faster. For instance, some counties have mediation programs that parties can use where they attempt to work out their issues without the direct intervention of a judge. If an agreement is reached, a judge will need to sign off on the agreement before it is binding, and parties many still have their attorneys during the mediation sessions to represent their interests. In addition, the court system offers the public access to forms and legal information related to family law matters that help explain how the process works, but it is important to note that this information is just a basic overview that will not cover all the law in this area, such as time limits to submit certain documents to the court, and the type of evidence a court will consider.

Talk to a Family Law Attorney

If you have a legal issue that involves the family court, having a lawyer on your side can make a big difference in the outcome of the case. Lawyers experienced in this area know how to make the law work for a particular situation and potentially avoid frustration and further dispute. Christopher L. Arrington represents clients in the Indianapolis area, and is ready to help you. Contact him for an appointment.



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